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Alphabetical Index of all judgments on this web site as at 10 September 2024

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The Team Rector and churchwardens sought a confirmatory faculty for the retention of a nave altar, which had been in use since a reordering of the interior of the church in 2013/2014. The nave altar had been made from the wood of the choir stalls, which had been removed as part of the reordering. The Diocesan Advisory Committee objected to the retention of the altar on the grounds that it was too low (it originally had castors, which had been removed), and the surface area was too small. The Vicar General was satisfied that the surface of the altar was adequate, and he granted a confirmatory faculty subject to conditions that blocks should be placed under the legs of the altar, to raise the altar to a more appropriate height, and that the altar should at all times be covered by a Laudian fall.

The Chancellor considered two faculty petitions, the object of both being to allow the church to be used as a visitor centre as part of a heritage trail linking various historic sites in the village. The first petition related to the installation of a digital display board, to be installed on the north wall of the nave, and to be used for notices, for showing films about the history of village and as an aid to worship on appropriate occasions. The second application sought permission to install two secure moveable cabinets in the south west corner of the church and two moveable desks at the rear of the church, the cabinets to be used to store merchandise for supplies and sales to visitors, one of the desks is to be used to display information for visitors and the other to enable Manx craftspeople to sell their merchandise. The Chancellor granted two faculties.

 

Unauthorized replacement of tarmac path by brick paving, installation of two black powder-coated metal handrails to the chancel steps, and pollarding/felling of lime trees; Church listed Grade II, built 1903-4; applications for confirmatory faculties for works undertaken; works undertaken without a faculty having been granted are unlawful; no objections, but hearing in person ordered in view of unlawful nature of works; Duffield principles (Re St Alkmund, Duffield [2013] Fam 158) considered; confirmatory faculty granted for tree works, which had been necessary, though noting that List B approval could have been sought to these works prior to their being undertaken; need for improved path accepted, but pink brick paving with dark grey edging and yellow interstitial sand not in keeping with the natural stonework of the church; restoration order considered but would be disproportionate; faculty granted subject to condition requiring replacement of yellow sand by a darker sand to be approved by the DAC; chancel step handrails installed without faculty; DAC unhappy with the rails, which did not comply with Part K of Building Regulations; railings considered to be harmful to the significance of the church as a building of special architectural or historic interest, and out of keeping with high quality ‘Arts & Crafts’ style woodwork nearby; restoration order made for removal of the handrails within two years, to allow time for design and approval of more fitting rails. Recommendations made to improve parish and faculty administration; costs of hearing to be borne by the PCC.

 

Faculty granted for the felling of two trees which were causing damage to a nearby house.

In the special and distressing circumstances of this case, the Chancellor granted a faculty for exhumation and reinterment in the same churchyard. The funeral directors and the gravedigger had failed to comply with the family's request for a grave to be dug sufficiently deep to accommodate not only the remains of the deceased, but also the remains of other members of the family in due time.

All but twelve of the original pews had been removed from the church as part of a reordering completed in 2021. The current proposal was for the introduction of 100 upholstered chairs as additional seating. The type of chair proposed was a timber framed chair with wine coloured upholstery, supplied by Alpha Furnishing. The Victorian Society objected to the chairs being upholstered, citing the guidance given by the Church Buildings Council, which advised that unupholstered chairs had greater sympathy with historic church environments. The Deputy Chancellor decided to grant a faculty, being satisfied that the petitioners had taken great care in looking at all the possible options and that the red upholstery would not look out of place in this particular Victorian church, where the interior was decorated in red and yellow bands of brickwork.

The Chancellor granted a restitution order for the removal of a memorial which had been placed in the churchyard without permission.

Proceedings for a restoration order in respect of a building erected on a consecrated burial ground were stayed by the Chancellor of the Diocese. The applicants appealed. The Court of Arches directed that the matter be referred back to the Deputy Chancellor of the Diocese (or a Chancellor of another Diocese) for consideration as to whether the building had been erected in the consecrated churchyard, contrary to the provisions of the Disused Burial Grounds Act 1884 and appropriate disposal of the matter.

In 1970, a recreation centre for children had been erected on part of the consecrated churchyard, adjacent to the Church of England School. In 2012 the Chancellor had granted a faculty for the demolition of the 1970 building and the erection of a new school and community building in its place. There was no party opponent to the application. In 2014 an application was made by Spitalfields Open Space Ltd. for a restitution order requiring the new building to be demolished, as it had been erected unlawfully on consecrated ground. The Chancellor dismissed the application. There was an application for an appeal to the Court of Arches. The Rector subsequently applied for a confirmatory faculty. The The Court of Arches remitted the application for a restitution order for determination by a Deputy Chancellor, who granted a confirmatory faculty for the building.

Leave to appeal granted by the Court of Arches on limited grounds.

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